BOWENS v. EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS et al

Filing 45

ORDER THAT THE MOTION TO DISMISS (DOC. NO. 20) IS GRANTED; PLAINTIFF'S MOTION TO AMEND (DOC. NO.4) IS DENIED AS MOOT; PLAINTIFF'S MOTIONS (DOC. NOS. 8 AND 42) ARE DENIED; PLAINTIFF'S MOTION FOR DEPOSITIONS AND INTERROGATORIES (DOC. NO. 39 AND 40) ARE DENIED; IT IS FURTHER ORDERED THAT PLAINTIFF'S CLAIMS PURSUANT TO THE PRISON RAPE ELIMINATION ACT IS DISMISSED; PLAINTIFF'S CLAIMS FOR DAMAGES AGAINST DEFENDANTS IN THEIR OFFICIAL CAPACITIES ARE DISMISSED; PLAINTIFF'S R EMAINING CLAIMS AGAINST MARTINEZ AND BRATTON ARE DISMISSED WITH LEAVE TO AMEND TO THE EXTENT THAT PLAINTIFF IS ABLE TO SET FOR SUFFICIENT ALLEGATIONS TO SHOW THAT EITHER DEFENDANT WAS PERSONALLY INVOLVED IN CONDUCT SUFFICIENT TO CONSTITUTE A VIOLATIO N OF PLAINTIFF'S RIGHTS; PLAINTIFF'S REMAINING CLAIMS AGAINST REMAINING DEFENDANTS ARE DISMISSED FOR FAILURE TO STATE A CLIAM WITH LEAVE TO AMEND. PLAINTIFF MAY FILE AN AMENDED COMPLAINT CONSISTENT WITH THIS ORDER ON OR BEFORE 3/27/15. IF P LAINTIFF FILE AN AMENDED COMPLAINT, DEFENDANTS SHALL FILE A RESPONSIVE PLEADING WITHIN FOURTEEN (14) DAYS THEREAFTER; THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE STATISITCALLY. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 2/26/15. 2/26/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MONTEZ M. BOWENS
v.
EMPLOYEES OF THE DEPARTMENT
OF CORRECTIONS, et al.

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CIVIL ACTION
NO. 14-2689

ORDER
AND NOW, this 26th day of February, 2015, consistent with the accompanying
memorandum of law, it is ORDERED that:
1)

Upon consideration of the motion to dismiss brought on behalf of defendants Dr.
P. Bratton and Dr. Martinez (Dkt. No. 20) and plaintiff Montez M. Bowens’
opposition thereto (Dkt. No. 28), Bratton and Martinez’s motion is GRANTED;

2)

Plaintiff’s motion to amend (Dkt. No. 4) is DENIED as moot;

3)

Plaintiff’s motions seeking temporary restraining orders and protection from
abuse orders (Dkt. Nos. 8 and 42) are DENIED;

4)

Plaintiff’s motions for depositions and interrogatories (Dkt. Nos. 39 and 40) and
for production of documents (Dkt. No. 41) are DENIED.

It is FURTHER ORDERED that:
1)

Plaintiff’s claim pursuant to the Prison Rape Elimination Act, 42 U.S.C § 15601,
is DISMISSED;

2)

Plaintiff’s claims for damages against defendants in their official capacities are
DISMISSED;

2)

Plaintiff’s remaining claims against Martinez and Bratton are DISMISSED with
leave to amend to the extent that plaintiff is able to set forth sufficient allegations

to show that either defendant was personally involved in conduct sufficient to
constitute a violation of plaintiff’s rights;
3)

Plaintiff’s remaining claims against the remaining defendants are DISMISSED
pursuant to 28 U.S.C. §§ 1915A and 1915(e)(2) for failure to state a claim with
leave to amend to the extent that plaintiff is able to set forth sufficient allegations
to show that any defendant was personally involved in conduct sufficient to
constitute a violation of plaintiff’s rights.

Plaintiff may file an amended complaint consistent with this order on or before March 27,
2015. If plaintiff files an amended complaint, defendants shall file a responsive pleading within
fourteen days thereafter.
The Clerk of Court is directed to close this case for statistical purposes.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.

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